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(영문) 수원지방법원안산지원 2015.09.04 2013가단109283

손해배상(기)

Text

1. The Defendant’s KRW 30,417,264 as well as the Plaintiff’s annual rate of 5% from October 29, 2013 to September 4, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in business, such as the sales of the interior film and sheet, with the trade name of “C,” and the Defendant is a person who conducts business, such as design and sheet printing, with the trade name of “D.”

B. In 2013, the Plaintiff entered into a contract with the Defendant for continuous and exclusive supply of goods, which the Defendant would produce a prototype by performing design work and printing work and supply it to the Plaintiff when the Plaintiff provided the original team.

(hereinafter “instant contract”. However, as a matter of convenience in the procedure of purchasing the original unit, if the Plaintiff pays the purchase cost of the original unit instead of directly providing the original unit to the Defendant as a matter of convenience, etc., the content of the contract was revised to the effect that the Defendant purchased the original unit (including the occupation processing work for the original unit) and provided design work and printing work, and then supplies the completed work site to the Plaintiff.

C. From February 28, 2013 to March 25, 2013, the Plaintiff paid KRW 10,400,000 in total to be used to the Defendant in the future as the advance payment of the cost of a set of funds to be used to the Defendant. The Defendant purchased a set of 3,000 meters from Ado Co., Ltd. and completed the start processing work through the Hanyang Industry.

Under the instant contract, the Plaintiff produced Kabrogs containing the Defendant’s design list, etc. for the promotion and sale of the sets supplied by the Defendant under the instant contract, and disbursed a total of KRW 15,540,000 for the production cost.

(E) The defendant directly participated in the production of the above carpeta and was paid KRW 2,090,000 out of the production cost.

From April 2013 to September 2013, the Defendant produced a sheet and supplied it to the Plaintiff pursuant to the instant contract, and the Plaintiff paid KRW 4,607,200 to the Defendant the sum of the sheet price.

F. Meanwhile, the defendant is above E.

There is no foundation on the back side of the sheet supplied to the plaintiff as stated in the paragraph.